HomeMy WebLinkAboutAmending Chapter 18 Procedures for vacation of Public ways and public places ORDINANCE No. 8076-90
Passed by the Common Council of the City of South Bend,Indiana.
March 12, 90
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Attest: City Clerk
IRENE K. GAMMON
Attest: �/' � President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
March 13 , 90
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City Clerk
IRENE K. GAMMON
Approved and signed by me -a,vt'-et'' /`3 zg 44
Mayor
Substitute
Bill No. 8-90
Ordinance No. /074-90
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AMENDING CHAPTER 18, ARTICLE 5, SECTION
18-53 .8 OF THE MUNICIPAL CODE COMMONLY REFERRED TO AS
"PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES"
STATEMENT OF PURPOSE AND INTENT
The following Bill would delete the current local
requirement that appraisals be required of any proposed
vacation of property which exceed thirty two hundred square
feet and the requirement of a check in the amount of the
appraised fair market value.
The proposed ordinance is the result of further review
and research of this procedure and is a joint recommendation
of the City Attorney's office and the Council Attorney.
It is believed that the following Bill is in the best
interests of the City of South Bend, Indiana.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. Chapter 18, Article 5, Section 18-53 .8 of
the Municipal Code of the City of South Bend, Indiana, is
hereby amended to read as follows:
Sec. 18-53.8. Petition for vacation; fees; appra+sai;
ordinance to approve.
(a) Any person interested in vacating all or part
of a City street or alley or any other public place or
way within the city shall file petition for vacation
and a proposed ordinance approving said petition with
the office of the City Clerk.
(b) The petition for vacation and the proposed
ordinance shall be accompanied by the following when
filed:
(1) The nonrefundable sum of one hundred
fifty dollars ($150.00) cash or check to cover costs of
legal advertising, and recording, and related expenses.
(2) Two (2) sets of certified, stamped, and
addressed envelopes to each owner whose property is
within f+fty--(&0-} one hundred and fifty (150) feet of
the exterior boundaries of such property proposed to be
vacated.
(3) A brief statement as to the reason(s)
for the vacation petition and the proposed use of the
vacated property, a legal description of the property
proposed to be vacated, and the names and addresses of
all owners whose property is within €+fty--(-50.} one
hundred fifty (150) feet of the exterior boundaries of
such property proposed to be vacated.
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SECTION II. This Ordinance shall be in full force and
effect from and after its passage by the Common Council and
approval by the Mayor.
Member of the -mammon •lncil
1st READING o2.' /a-qo
PUBLIC HEARING 3-l a-QO
3rd READING
NOT APPROVED
REFERRED
PASSED 3- (a-90 I a/h- et
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SpUTH e 11
City of South Bend
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''' ''' Common Council
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/// .� '�; } County-City Building • South Bend, Indiana 46601
V\gig 65j-
(219) 284-9321
February 7, 1990
Thomas Zakrzewski Members of the Common Council
President 4th Floor County City Building
South Bend, Indiana 46601
Loretta Duda
Vice-President Re: Vacation of Public Ways and Places
Sean Coleman Dear Council Members:
Chairman. Committee
of the Whole The attached Bill is the result of a joint
recommendation from the City Attorney's office
and our Council Attorney. It proposes that the
Stephen Luecke current local procedure of requiring an
First District appraisal of any proposed vacation of 3 ,200
square feet or more and the depositing of a
Donald Niezgodski check equal to the appraised fair market value
Second District be eliminated.
William Soderberg This P rocedure has not been utilized extensively
Third District
since its initial passage less than three years
Ann Puzzello ago.
Fourth District
It is my understanding that the elimination is
Linas Slavinskas consistent with current state law addressing
Fifth District such matters. I am therefore filing it for
Thomas Zakrzewski review and discussion in my capacity as
Sixth District Chairperson of the Zoning and Vacation
Committee. Thank you.
Sean Coleman
At Large Sincerely,
Loretta Duda
At Large
John Voorde Linas Slavinskas, Chairperson
At Large Zoning and Vacation Committee
LS:srk
Enclosure
Kathleen Cekanski-Farrand
Council Attorney
fiommdM t &port
MD the Tontmon Count-if of tile fang of*outs imend:
Your Committee of the Whole
to whom was referred
BILL NO.
8-90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 18, ARTICLE 5, SECTION 18-53.8 OF
THE MUNICIPAL CODE COMMONLY REFERRED TO AS "PROCEDURES FOR
VACATION OF PUBLIC WAYS AND PUBLIC PLACES"
Respectfully-report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable, as amended.
Chairman
Sean Coleman
FREE PRESS PUBLISHING Co.